Can a landlord need to charge higher rent from tenants of certain protected classes?
No, in New York, landlords cannot charge higher rent from tenants of certain protected classes, such as those of specific national origins, race, or religion. This is known as discrimination in housing and is prohibited by the federal Fair Housing Act. The law prohibits landlords from discriminating against potential tenants in all aspects of renting a home, including setting different prices or terms. New York State Human Rights Law and the New York City Human Rights Law also prohibit discrimination on the basis of race, color, religion, national origin, gender, age, sexual orientation, and other protected classes. This applies to landlords and rental agents from advertising, showing, renting or offering different rental terms to or making decisions about renting their units based on one of these categories. It is also illegal for them to harass tenants, retaliate against tenants for making complaints, or attempt to evict tenants for making complaints. Landlords should also be aware that the New York City Human Rights Law imposes additional restrictions on landlords. This law requires landlords to provide reasonable accommodations for rental applicants and tenants who are protected classes. Landlords are also required to take reasonable steps to accommodate disabled tenants, and to grant female tenants the right to add an additional occupant, such as a child, relative, or domestic partner, to their lease. In New York, it is illegal for landlords to need to charge higher rent from tenants of certain protected classes, and those who do may be subject to criminal or civil penalties.
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